On Demand Audio

Critical Environmental Considerations in Commercial Real Estate Transactions

(1k+ reviews)

Produced on March 14, 2019

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$ 59 Real Estate and Environmental In Stock
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Course Information

Time 1h 3m
Difficulty Intermediate
Topics covered in this course: Real Estate Environmental

Course Description

Material environmental liabilities can present both opportunities and challenges in commercial real estate transactions. This course, presented by Karl Heisler, a partner with Katten Muchin Rosenman LLP, offers a cost-effective approach designed to identify and mitigate these liabilities through tailored due diligence, a calculated negotiating strategy, and federal and state tax incentives and liability protections.

This intermediate-level course will provide deal lawyers with practical tips to navigating these critical environmental considerations. Viewers are assumed to have a basic, working knowledge of environmental and workplace safety law, including the transactional defenses in the Comprehensive Environmental Response, Compensation, and Liability Act. The course introduces some perspective on the role environmental concerns play within the overall deal, and highlights some of the common mistakes that befall deal lawyers contending with these concerns.

Learning Objectives:
  1. Explore how to scope the environmental due diligence effort most cost-effectively, while mitigating environmental risk
  2. Recognize the key environmental provisions in purchase and sale agreements, and understand how they will frame deal negotiations
  3. Assess the availability of Brownfields tax incentives and liability protections, with a focus on five state programs: Virginia, Maryland, Illinois, Indiana, and Ohio
  4. Appreciate the overall economics of the deal and the associated negotiating leverage to address environmental liabilities

Credit Information

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .

Faculty

Karl Heisler

King & Spalding LLP

Karl Heisler is an environmental lawyer specializing in enforcement defense and incident response. Karl has managed the legal fallout from a wide array of environmental and workplace safety incidents, ranging from fires and explosions to pipeline releases and the abandonment of hazardous waste.  He has over 18 years of experience responding to governmental investigations involving the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation, and Liability Act, and the Occupational Safety and Health Act.  He is a prolific speaker on environmental law and incident response.

Legal 500 USA distinguished Karl as having a "singular ability to clarify the inordinately opaque and confusing nature of environmental laws for the unanointed."  Benchmark Litigation recognized him as having an "unparalleled ability to master the facts and an encyclopedic mastery of environmental law."  Law 360 identified him as one of five "Rising Stars" in environmental law nationwide.

Karl dedicates a significant portion of his practice to environmental transactions.  He provides advice and counsel on due diligence and the availability of transactional defenses, and he routinely negotiates representations, warranties and indemnifications.  He has assisted with acquisitions and divestitures of several entities subject to government investigations arising out of environmental and workplace safety incidents.  For the past 10 years, Karl has taught the environmental transactions course for the Environmental Law Institute, a leader in non-partisan research and environmental law education.  He is a co-author of Environmental Aspects of Real Estate Transactions, published in 2020 by the American Bar Association.

As a respected thought leader, Karl is frequently called upon to comment, write or speak about environmental enforcement and incident response for publications and organizations including Law360, Thomson Reuters, Resource Recycling, Inc., American Fuel and Petrochemical Manufacturers, the American Bar Association, the Rocky Mountain Mineral Law Foundation, the Association of Corporate Counsel, Lawline, the Environmental Law Institute, the Practising Law Institute and the American Law Institute.  He has written or spoken about managing the first 48 hours of an incident, incident response for public information officers, responding to hazardous waste abandonments, hurricane readiness and response, environmental due diligence and contract drafting, the design and implementation of environmental compliance programs, the regulation of electronic waste, cybersecurity in the energy and transportation sectors, electronic discovery in civil and criminal cases, evidence preservation, and preparing for a government inspection. He wrote the introductory chapter for Inside the Minds: Environmental Law Enforcement and Compliance, published in 2011 by Thomson Reuters/Aspatore.

His clients include public and private entities in the energy, chemical manufacturing, construction and waste management industries, as well as lenders, private equity and real estate firms with interests in these industries.



Reviews

DF
Douglas F.

Excellent program

TT
thomas t.

Good course, applicable to my day to day work.

BF
Barry F.

Good presenter; experienced, knowledgeable.

DJ
Denise J.

This was THE BEST course I've taken this year. I am a real estate lawyer with little knowledge of environmental matters and I found the course very helpful. I applaud the presenter for his organization, knowledge and delivery of the materials.

AW
Ansley W.

Best presenter I have seen to date - he really knows his stuff!

AV
Adam V.

Thank you

MW
matthew w.

very good

WM
William M.

The presenter was excellent, and in absolute control of the materials

RL
Robert L.

Excellent presentation, which is cogent and thorough.

MS
Michael S.

enlightening

JB
John B.

This is not my area of expertise, but the presentation was among the best I have ever seen. It held my attention the entire time. Thank You for this excellent course.

JC
Jacob C.

One of the better presenters I've seen on Lawline

SS
Scott S.

Well done

DG
Deborah G.

Nice organization

PN
Peter N.

Excellent instructor! Clear, well-organized, and engaging.

MD
Michael D.

Learned about Low Income Housing Tax and Qualified Opportunity Zone THANKS

GW
Gregory W.

Presenter obviously knew his material.

WG
Wanda G.

Great course

HG
Harold G.

great presentation

RR
Richard R.

very good - thank you!!

MT
Mark T.

Great Program

JR
Jonathan R.

Very very good

FM
Frank M.

Outstanding program.

JL
Joseph L.

Superb presentation. Clear and very well organized. The presenter clearly knows his stuff.

MD
Mary Ellen D.

Very well organized approach. Good presentation.

DS
Douglas S.

Very thorough.

RD
Richard D.

Very impressive lawyer. Knowledgeable but yet practical advice.

SR
Scott R.

THanks!

DO
Daniel O.

Excellent presenter; enjoyable course.

MG
michael g.

Good high-level overview of the many factors to consider when evaluating a commercial real estate transaction. Good for an in-house attorney to get a broad overview of the subject.

SM
Susan M.

Fantastic! Excellent and informative speaker!

BB
Byron B.

Very good program

AS
Adam S.

Great course

CK
Carla K.

He is very knowledgeable

AS
Albert S.

Real good material

DW
David W.

Excellent program and excellent presentation.

DS
DAVID S.

Excellent

RZ
Richard Z.

Made me want to look up the other course he did

DK
Dahyun K.

thank you

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